Policy Directive 42 –
Prisoner Property
Procedures
Procedures
Table of contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
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19.
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23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
Introduction ............................................................................................................... 2
Definitions ................................................................................................................. 2
General storage requirements .................................................................................. 4
Prisoner’s property not stored by the prison.............................................................. 5
Storage of prisoner property ..................................................................................... 5
Discretion not to store prisoner property ................................................................... 6
Quarterly inspection .................................................................................................. 6
Recording of a prisoner’s property ............................................................................ 6
Tools, mobile phones and mobile phone accessories ............................................... 7
Valuable property ...................................................................................................... 8
Watches .................................................................................................................... 8
Medication................................................................................................................. 8
Foreign currency ....................................................................................................... 9
Financial transaction cards ....................................................................................... 9
Private property in possession – General requirements ........................................... 9
Private property in possession – Specific requirements .......................................... 10
Electrical items ........................................................................................................ 10
Electrical items ........................................................................................................ 11
Computers .............................................................................................................. 12
Game stations ......................................................................................................... 16
Excessive noise ...................................................................................................... 16
Security checks - Electrical items............................................................................ 17
Security seals.......................................................................................................... 17
Audio tapes, video tapes, computer games and compact discs.............................. 17
Cassette, record, CD, video, book and magazine clubs ......................................... 18
Other electrical items .............................................................................................. 18
Jewellery ................................................................................................................. 18
Body piercing .......................................................................................................... 19
Legal and other paper materials ............................................................................. 19
Guitars and other musical instruments .................................................................... 19
Toiletries and cosmetics.......................................................................................... 19
Property received at the gate or via mail ................................................................. 20
Electrical items delivered for prisoners ................................................................... 21
Items purchased through canteen or recreation ...................................................... 21
Private clothing ....................................................................................................... 21
Private footwear ...................................................................................................... 22
Doonas.................................................................................................................... 22
Transfer (outgoing) ................................................................................................. 22
Policy Directive 42 – Procedures
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39.
40.
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42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
Transfer (incoming) ................................................................................................. 24
Temporary transfers and temporary placements (TPLs) ......................................... 25
Urgent transfers ...................................................................................................... 25
Interstate or international transfers from Western Australia .................................... 26
Signing out property to a visitor ............................................................................... 26
Loan of property - Prisoner to prisoner.................................................................... 27
Transfer of electrical items - Prisoner to prisoner.................................................... 27
Sale of electrical Items - Prisoner to prisoner.......................................................... 27
Unclaimed property ................................................................................................. 27
Contraband and unlawful property .......................................................................... 27
Property inventory in the prisoner's absence .......................................................... 28
Death of a prisoner ................................................................................................. 28
Escapes .................................................................................................................. 29
Recaptured prisoner ............................................................................................... 30
Discharge procedures ............................................................................................. 30
Lost or damaged property ....................................................................................... 31
Approved................................................................................................................. 32
Contact person........................................................................................................ 32
Version history ........................................................................................................ 32
Introduction
1.
Introduction
This Procedures document is intended to set out the specific requirements of Policy
Directive 42 – Prisoner Property as it relates to all public and private prisons.
The Designated Superintendent may issue a Standing Order to complement these
Procedures as is necessary to document site-specific circumstances.
These Procedures are to be read in conjunction with its appendices and Policy Directive 42
– Prisoner Property.
2.
Definitions
Terminology
Definition
ACCO
Assistant Commissioner Custodial Operations
ACM
Assessment and Case Management – A computerised system
designed to support the assessment and management of
prisoners.
Compact Disc-Recordable or Compact Disc Re-Writable – A
compact discs format that allows recording/writing or repeated
recording/writing to the disc. CD-R and CD-RW are not
considered consumable items.
CD-R or CD-RW
Policy Directive 42 – Procedures
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Computer
Consumable Items
Contraband
Contractor
Designated
Superintendent
Electrical Item
Excess Property
Illegal or Prohibited
Article
Items that may
constitute a risk
to health and hygiene
Financial Transaction
Cards
Medication
Mobile Phone
Mobile Phone
Accessory
Monetary value
In relation to this procedures document, a computer shall mean
“a specifically configured laptop computer approved by the
Director of Security Services and provided, at the Department’s
expense, for a set period as stipulated in the usage agreement”.
Items liable to be completely used or consumed in less than 12
months or valued at less than $10. The definition of consumable
items includes music compact disc (CDs or CD-ROMs) and audio
tapes but does not include videotapes or other electronic media
such as computer games or DVDs, or CD-R or CD-RW.
For the purposes of this document, any unauthorised item or item
that is not listed on a prisoner’s Offender Property Sheet (220)
including items found in a prisoner's possession (other than
consumable items).
Any group, company or organisation that provides services as
part of the Court Security and Custodial Services Contract and/or
the management of a privately operated prison under Part 111A
of the Prisons Act 1981.
The Superintendent as defined in s36 of the Prisons Act 1981
and includes any reference to the position responsible for the
management of a private prison under Part 111A of the Prisons
Act 1981.
Are deemed to be those items as listed in the TOMS electrical
item drop down list.
Property that exceeds the total allowance of 1 box (40 cm x 40
cm x 60 cm) of property items stored in Reception plus one (1)
box (40 cm x 40 cm x 60 cm) of property items in a prisoner's
possession.
NB: Electrical items, doonas, educational material and legal
documents are excluded.
Any item which is contrary to law or forbidden by an authority.
In relation to a person, means anything that may result in injury
to a person, or harm to the health of a person. Per Occupational
Safety and Health Act 1984.
Any financial institution or charge card or store (shop) card by
which funds can be drawn or charged to an account.
Any substance, organic or inorganic, used as a medicine, or in
the composition or preparation of medicines, whether for external
or internal use per Health Act 1911.
Mobile phones are portable handsets that connect to the public
switched telephone network. Per Computer and
Telecommunications Facilities Policy.
An additional fitting or attachment capable of being fitted to or
used with a mobile telephone. Per Computer and
Telecommunications Facilities Policy.
The lesser of either the purchase price, or replacement price for
an identical or similar article of property.
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Materials value
Officer in Charge
Prisoner's Private
Property
RCD
religious article
superintendent
TOMS
Tools
Valuable Property
(VP)
Weapon
Applies only to artwork produced by a prisoner. The lesser of
either the purchase price, pr replacement price for identical or
similar materials used in the production of the artwork.
The Officer in Charge of the prison in the absence of the
Designated Superintendent. See also ‘superintendent’.
Includes real and personal property and everything, animate or
inanimate, capable of being the subject of ownership per
Criminal Code Act Compilation Act 1913.
Residual current device.
An item (including literature) of special significance that has
spiritual, religious or devotional meaning.
As defined in the Prisons Act 1981 and refers to either a
Designated Superintendent or the Officer in Charge of a prison at
a particular time.
Total Offender Management Solutions offender database
Any device or implement used to perform mechanical functions
whether manually or by a machine.
Personal items of value (not including electrical items), including
jewellery, watches, financial transaction cards and small items
considered to be of value to the prisoner as listed under the
TOMS Valuable Property heading.
Any item, thing or substance that may be used to inflict harm or
injury on another person per Weapons Act 1999.
General storage requirements
3.
General storage requirements
3.1
The superintendent may, subject to considerations of security and practicability,
authorise the retention of a prisoner's property within the prison. Any property
retained on behalf of a prisoner shall be kept in a secure area.
3.2
Access to the property storage area shall be restricted. Only Reception staff and
Officers authorised by the superintendent may have access to the storage area.
Any prisoners working in the property storage area are to be under the supervision
of Reception staff or Officers authorised by the superintendent at all times.
3.3
The Officers designated in Section 3.2 above shall be responsible for the storage
of prisoner property. They shall have access to the property storage area and shall
ensure that all documentation and private property owned by prisoners is secured
at all times.
3.4
Only those designated Officers in Section 3.2 above shall be permitted to record
valuable property (VP), property in and property out.
3.5
The superintendent is to ensure that property stored on behalf of a prisoner is
stored under conditions that minimise any damage or loss of that property.
3.6
Every care is to be taken with the transport, handling, recording and storage of
prisoner's property.
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3.7
Any property found to be damaged as a result of poor handling or storage is to be
the subject of a written report to the superintendent.
3.8
Any unusual occurrence, omission, loss or damage to property is to be reported to
the Officers designated in Section 3.2 above who shall advise the prisoner and
provide a written report to the superintendent.
3.9
The superintendent may restrict the amount of property held on behalf of a
prisoner.
4.
Prisoner’s property not stored by the prison
4.1
Any property which, in the opinion of the superintendent is of a perishable,
dangerous or unhygienic nature may be destroyed or otherwise dealt with in
accordance with Prisons Regulations 1982, rr 35, 36B, 36D, 37, 41.
4.2
Where a prisoner's property exceeds the property storage allocation, or is
considered by the superintendent to be a risk to the good order and government of
the prison (or is in excess of any other restrictions imposed by this document), the
prisoner must make arrangements for the property to be signed out or disposed of
within 14 days. The prisoner will be notified of this requirement in writing (Prisons
Regulations 1982, r 36B, and ‘Prisoner's Order to Sign Out Property’, available on
TOMS).
4.3
Should the prisoner fail to do sign out or dispose of the property in accordance with
Section 4.2 above, the superintendent may arrange for the property to be
forwarded to the prisoner's next of kin or emergency contact person or forwarded
to a private storage company at the prisoner's cost. The prisoner is to be advised
accordingly.
4.4
If circumstances preclude the options stated in Section 4.3 above, the property
may be disposed of in accordance with Prisons Regulations 1982 rr 36B and 37.
4.5
If circumstances preclude the options stated in Section 4.3 above, the
superintendent may authorise the property to remain stored at the prison with a
storage charge of $2 per week. This amount may be reviewed from time to time.
4.6
If property is to be destroyed, either at the request of the prisoner or by order of the
superintendent under Prisons Regulations 1982, r 37, the destruction is to be done
in the presence of the prisoner where possible. If this is not possible then two
Officers will sight the destruction and both will sign the property record accordingly.
Where destruction takes place in the presence of the prisoner, he/she is required
to endorse his/her property record that the destruction has taken place.
4.7
All property dealt with under this section is to have its status changed on TOMS
accordingly.
5.
Storage of prisoner property
5.1
Each prisoner may have the equivalent of one standard removal box of property
(40 x 40 x 60 cm) stored in the Property Store. In exceptional circumstances, the
superintendent may increase the amount of property that is stored on behalf of a
prisoner.
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5.2
Property in excess of the amount specified in Section 5.1 may be dealt with by the
Designated Superintendent in the manner specified in Section 4.
5.3
A prisoner can apply to the superintendent to take possession of items from their
stored property. The superintendent may allow access to stored property provided
that the item in question is allowable in accordance with this document and the
Standing/Local Orders of the prison.
6.
Discretion not to store prisoner property
6.1
A prisoner’s private property may not be stored if:

the item is an illegal or a prohibited article that may be considered to be a
threat to the good order and security of the prison

the item may constitute a risk to prison health and hygiene

the item may constitute a risk of damage to other property

the item is a consumable item not to be issued. In this case, the item shall be
signed out within 48 hours or destroyed

the property exceeds the allowable limits defined in Section 5.1

the property consists of tools, mobile phones or mobile phone accessories
(refer Section 9 for further information)

the property is Valuable Property with an estimated value of over $200 (refer
Section 10 for further information)

the property consists of medication as defined in Section 2 (refer Section 12
for further information); or

the property is not considered by the superintendent to be practical for
storage at the prison.
6.2
Prisoner's property as defined above is to be classified as ‘specified items’ and
treated in accordance with Section 4 and Prisons Regulations 1982, r 36B.
7.
Quarterly inspection
Officers with responsibility for the storage of private property shall, at least quarterly:

check the condition of all stored property to ensure that no deterioration has
occurred

randomly sample actual property stored against the inventory record

maintain a record of dates and details of quarterly inspection checks
performed and report any variation to the Designated Superintendent.
Initial reception and property recording
8.
Recording of a prisoner’s property
8.1
As soon as practicable after the initial reception of a prisoner, the staff designated
in Section 3.2 shall, in the presence of the prisoner where possible, undertake an
inventory of the prisoner's property in accordance with Section 8.2.
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8.2
All private property, papers, documents, financial transaction cards, consumable
items and cash (including foreign currency) accompanying the prisoner shall be
entered on TOMS. This will ensure that there is a complete initial record of all
items arriving with the prisoner. Data entry of property on TOMS must clearly
identify/describe the item being listed.
8.3
Items of jewellery will be itemised individually describing the colour (ie. white
metal/yellow metal etc), brand name or manufacturer (as marked on the item),
material type and distinctive markings (eg engravings). Reception staff will take
individual digital images of all incoming prisoner's jewellery and watches. The
descriptions and images are to be recorded on TOMS (refer Section 8.4 below).
8.4
Reception staff shall ensure that the TOMS record of property brought in upon
reception reflects that the item(s) are “marked with” brand names (ie. clothing,
watches, electronics etc). The markings recorded on TOMS in accordance with this
Section shall not determine the authenticity of the item.
8.5
Any artwork (paintings) brought in with a prisoner shall be recorded on TOMS with
a photograph of the item.
8.6
On completion of the inventory as detailed in this section, the prisoner's property is
to be packed into storage containers. Each storage container is to be marked with
the prisoner's name, and is to be numbered with the number of the box and the
total number of boxes that contain that prisoner's property (eg. 1 of 2, 2 of 2).
8.7
All medications brought into a prison by a prisoner are to be recorded on TOMS by
the Reception staff including the name of the medication (if known) the quantity
and the colour, and further dealt with in accordance with Section 12. Details of the
medication should be sought from the tablet, medication sleeve or box without
removing the tablet but care should be taken to ensure that the medication being
recorded accurately describes the medication rather than the packaging.
8.8
After completing the inventory, Reception staff will print out an ‘Offender Property
Sheet – 220’ Report.
8.9
The prisoner is to be asked to check and sign the completed ‘Offender Property
Sheet – 220’ Report as an acknowledgment that the record is correct. If a prisoner
refuses to sign the form or is unavailable, a second Officer is to endorse on the
form a note of the absence or refusal and any reason given for the absence or
refusal to sign.
8.10
Any items signed into possession will be recorded on TOMS. Items then become
the prisoner's responsibility (see Section 15.4).
8.11
When any property transaction takes place the new status of the item is to be
recorded on TOMS. The date, TOMS receipt number, location (possession, VP,
etc) are to be recorded on the ‘‘Offender Property Sheet – 220’ Report. The
prisoner is to sign an updated ‘Offender Property Sheet – 220’ Report. This report
is to be and be witnessed as indicated.
8.12
Consumable items are not required to be recorded on TOMS.
9.
Tools, mobile phones and mobile phone accessories
When tools, mobile phones or mobile phone accessories are received on initial reception,
from the Police or by any other means, the procedures in Section 4 shall apply. Prisoners
Policy Directive 42 – Procedures
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will not be given the option to store such items in the Property Store in accordance with
Section 4.5.
10.
Valuable property
10.1
Items of valuable property may not be stored or issued where the item, in the
opinion of the superintendent, has a monetary value greater than $200, subject to
Section 10.2 below.
10.2
The superintendent may, in exceptional circumstances, authorise the storage or
issue of items said to have a value greater than $200 in accordance with Section
10.5 below. Any item which has not been authorised by the superintendent for
storage is to be disposed of by the prisoner by sending the item out of the prison.
Any costs incurred in effecting this are to be borne by the prisoner.
10.3
Wedding, engagement and eternity rings are not considered valuable property in
line with this Section and can be stored/issued.
10.4
Valuable property is to be stored in a secure area until arrangements can be made
to have it released to a person of the prisoner's choice. Alternatively, valuable
property may be retained in a secure area at the discretion of the superintendent
subject to Section 10.6 below. If valuable property is not stored by the prison,
Section 4 applies.
10.5
Valuable property is to be secured in a locked cabinet in a sealed container which
identifies the owner. Access to the valuable property cabinet is to be restricted to
authorised prison staff only.
10.6
If property with a value greater than $200 is stored or permitted in possession (ie.
wedding/engagement rings, or other items permitted by the superintendent in
accordance with Section 10.2 above), the prisoner is required to complete and sign
a ‘Valuable Property Indemnity Form’, indemnifying the prison for loss or damage
to such property.
11.
Watches
Personal watches will not be issued. Prisoners may purchase a watch from the canteen
but must not be issued until the item is added to the prisoner’s inventory on TOMS.
Watches purchased from the canteen may be re-issued after transfers.
12.
Medication
12.1
Any medication brought into the prison upon initial reception will be stored with the
prisoner’s valuable property.
12.2
Where the prisoner agrees and signs to consent, his/her medication shall be
destroyed in accordance with Prisons Regulations 1982, r 37(c). .
12.3
When being assessed by the Nursing Staff upon the prisoner’s initial reception, a
list of the prisoner's medication shall be made available to the Nursing Staff, which
will assist in the medical assessment of the prisoner. The prison Nursing Staff may
request the prisoner’s medication and handle the medication, In accordance with
Health Services Policy MM10 – Issuing Medication. A record on TOMS is to be
kept as to the location of the prisoner’s medication.
Policy Directive 42 – Procedures
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13.
Foreign currency
13.1
Amounts of foreign currency with a value exceeding $A200 are to be dealt with in
the following manner:

Secured in a safe (other than the Reception safe) nominated by the
superintendent

Signed out to a visitor

Converted to an international money order and posted out; or

Converted to $A (at the Department of Corrective Services' bank at the
conversion rate at 0900 hours the next working day) and placed in the
prisoner's ‘Prisoner's Private Cash Account’.
13.2
Costs incurred with effecting options listed above will be borne by the prisoner.
See also Policy Directive 69 – Management of Prisoner’s Money.
14.
Financial transaction cards
Financial transaction cards are to be stored in a secure area until arrangements can be
made to have them released to an individual of the prisoner's choice. Alternatively, all
financial transaction cards are to be returned to the issuing organisation at the expense of
the prisoner. In the case of remand and very short-term sentenced prisoners, the
superintendent may authorise retention of bank/credit or charge cards in stored property.
Private property in possession
15.
Private property in possession – General requirements
15.1
A Prison Officer may search any property received by, issued to, or retained by a
prisoner, or retained at a prison on behalf of a prisoner, and, for that purpose, the
Prison Officer may, using due care, dismantle the property.
15.2
Personal property in possession is a privilege and items may be withdrawn in
accordance with Adult Custodial Rule 3 - Privileges.
15.3
Any personal property issued to a prisoner is the responsibility of the prisoner.
15.4
Each prisoner will be required to sign a ‘Prisoner's Property Indemnity for Liability
Form’ prior to the issue of any personal property.
15.5
All complaints or disputes relating to prisoners’ property are to be dealt with in
accordance with the Complaints, Compliments and Suggestions Policy.
15.6
Internal or external agencies responsible for the transportation of prisoner's
property shall sign a receipt (Receipt for Transportation of Property and Files) for
the property prior to leaving the courts or prison. The receipt shall include the
prisoner's name and number of cartons/bags of property. Any Police/external
agency’s property list is still required when picking up prisoners from courts or
lockups.
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16.
Private property in possession – Specific requirements
16.1
The amount and nature of articles of property that prisoners are permitted to retain
in their cell is to be determined by the Designated Superintendent in accordance
with this document and the Standing/Local Orders applicable to the prison.
16.2
Every prisoner shall agree, in writing by completing the ‘Prisoner's Property
Indemnity For Liability Form’, to accept responsibility for the safekeeping and
reasonable use of their personal property retained in their cell. Every prisoner shall
ensure that their in-cell personal property records are kept up-to-date by bringing
any changes, including finished arts and crafts items, to the attention of relevant
staff.
16.3
Any artwork (paintings) produced by a prisoner shall be recorded on TOMS with a
photograph of the item. Any craft or artwork exceeding the limitations for stored
and in possession property will be required to be signed out or otherwise disposed
of.
16.4
The total volume of personal property allowed per person in any cell is the amount
that will fit into the standard packing carton (40 x 40 x 60cm). This excludes
electrical items (refer Section 17), legal papers (refer Section 29) and doonas
(refer Section 37).
17.
Electrical items
17.1
Prisoners may have one (1) only of each type of electrical items up to the amounts
listed below (subject to Section 17.7):
17.2

Close Supervision:
1 Electrical Item

Basic Supervision:
1 Electrical Item

Standard Supervision:
3 Electrical Items

Earned Supervision:
5 Electrical Items
Prisoners may have one (1) only of each type in accordance with their supervision
level above:

LCD or LED television (refer Section 18 for specifications).

Stereo Radio Cassette/CD system with no detachable speakers, single
CD/cassette, with microphone removed (maximum size 60 cm x 25 cm x 25
cm)

DVD player (or video cassette recorder, if currently in possession) Set top
box

Fan (maximum size 40 cm)

Clock radio

Desk lamp

Game stations and up to two (2) hand controllers (refer Section 20 for
specifications).
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17.3
17.4
Possession of the following items is at the discretion of the Designated
Superintendent of the prison:

Electric shaver

Hairdryer

Electric kettle

Electric heater
The following electrical items are not permitted in possession:

Electric guitar

Air conditioner

Personal Computer (access may be granted in accordance with Section 19)
17.5
Stereos that are currently in the prison system that exceed the specifications listed
in Section 17.2 shall remain in the possession of the current owner. These stereos
are not to be sold or given to other prisoners under any circumstances.
17.6
Security seals on the item (and over USB ports where present) are to be attached
prior to issue in accordance with Section 23 and Appendix 4 – Application of
security seals.
17.7
The number of electrical items permitted is per cell not per prisoner. Prisoners who
are in shared cells may only have a single quota of electrical items. ie two
prisoners on standard supervision may only have a total of three (3) electrical
items in their cell, not three (3) items each.
17.8
The Designated Superintendent may limit the number of electrical items in
possession where:

the electrical system is inadequate to cater for multiple electrical items; or

the presence of multiple electrical items may pose a safety risk.
18.
Electrical items
18.1
Prisoners may be permitted to use a prison-owned television, may purchase their
own or have one brought in via the Gate in accordance with Section 32, depending
on the arrangements at the prison that they are located.
18.2
LCD or LED televisions are permitted with a screen size no larger than 46cms.
18.3
Televisions with an internal hard drive or storage capacity or CD/DVD burning
capacity or Blu-Ray player are not permitted.
18.4
A prisoner, on occupying a cell with one (1) television, remote and coaxial cable
owned by the prison, will be required to sign a form acknowledging their liabilities
regarding the television and associated equipment. These items remain the
property of the prison.
18.5
Should any damage occur to the prison-owned television, remote or coaxial cable,
then the prisoner concerned could be held financially liable for the damaged item/s.
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18.6
Any misuse or movement of the television from the cell to which it was allocated
may result in a loss of privilege being imposed on the use of the television.
18.7
VCR's, DVD players, game stations and similar approved equipment may be
connected to prison televisions.
18.8
Security seals on the item (and over USB ports where present) are to be attached
prior to issue in accordance with Section 23 and Appendix 4 – Application of
security seals.
19.
Computers
19.1
Application/use of Departmentally issued computers
19.1.1 Under exceptional circumstances, the Assistant Commissioner Custodial
Operations (ACCO) may allow a prisoner to have in possession, a specially
configured Department of Corrective Services (Department) laptop computer for
the purpose of aiding in their legal defence where sufficient resources do not exist
to otherwise permit this.
19.1.2 The use of a laptop computer as defined in section 19.1.1 above is a privilege that
may be removed at any time in accordance with Adult Custodial Rule 3 –
Privileges.
19.1.3 The use of the computer is limited to the prisoner so authorised to use the
computer as per this section and associated appendices.
19.1.4 Computers are only permitted in cells that have smoke and RCD devices installed.
19.1.5 Prison staff are not permitted to loan or give prisoners any computer equipment,
including software and peripherals without prior approval from the ACCO.
19.1.6 Prisoners will not be permitted to retain computer hardware/software in their
possession that is considered to be a threat to the good order and security of the
prison.
19.1.7 Prison staff are not permitted to upgrade, repair, maintain, download software or
provide any type of service or assistance to a prisoner’s issued laptop computer.
Any faults or complaints regarding an issued computer are to be directed to the
Director of Security Services.
19.1.8 The Security Services Directorate shall arrange for routine security audits to be
performed on issued computers. Such audits are a condition of use of any issued
computer and all content stored on the computer or any authorised peripheral is
subject to audit.
19.1.9 No additional software (including games and videos etc) is permitted to be installed
on any departmentally issued computer. Electronic documents are permitted to be
stored on departmentally issued computers provided they adhere to existing rules
regarding content in accordance with Adult Custodial Rule 11 – Appendix 1 –
Permitted and Prohibited Material.
19.1.10 All complaints or disputes relating to access/removal of access to a departmentally
issued computer shall be dealt with in the manner described in the Department of
Corrective Services Prisoner Grievance/Complaints Handling Manual.
19.1.11 Details of all computer hardware and software issued to a prisoner in accordance
with this section are to be recorded on TOMS and on the ‘Appendix 2 - ‘Prisoner
Agreement for Use of Departmental Computer’.
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19.1.12 At the conclusion of the approved period of use, the departmentally issued
computer shall be returned to the Security Services Directorate where the memory
shall be erased. It is the prisoner’s responsibility to arrange alternative storage for
any information which they do not wish to be deleted.
19.1.13 Upon the transfer of a prisoner between prisons who has previously been granted
the use of a Department laptop, the laptop shall be returned to the Security
Services Directorate unless arranged and approved otherwise by the ACCO prior
to the prisoner’s transfer. If the Department laptop is returned prior to transfer to
the Security Services Directorate, the prisoner must resubmit an application for
subsequent use of a Department laptop.
19.1.14 A prisoner who is permitted the use of a departmentally issued computer shall sign
Appendix 2 - Prisoner Agreement for Use of Departmental Computer “the
Agreement”) prior to the issue of any computer equipment.
19.2
Eligibility
A prisoner may apply to the ACCO to have a departmentally issued computer in his/her
cell, if the prisoner:

Is a SENTENCED prisoner on APPEAL; or

Is a REMAND prisoner who is remanded in custody, WITHOUT BAIL,
awaiting trial; and

Is representing him/herself in their pending court matters;
and

19.3
Is able to provide reason as to why the Prison Education and Legal Library
facilities are insufficient for their needs

Has no outstanding prison charges or Loss of Privileges

Has no history of computer misuse while in custody.
Computer approval process
19.3.1 The prisoner is to complete Appendix 1 - Departmental computer application form
and submit it via the Unit Manager and Superintendent to the Director of Security
Services.
19.3.2 Director of Security Services will assess applications. In addition to the
demonstrated need for a computer, the physical layout of a prisoner's cell and any
occupational health, safety guidelines will also be taken into consideration when
determining an application for permission to have a computer in a cell.
19.3.3 Once approved, computer equipment ‘in possession’ remains the responsibility of
the prisoner and any damage or loss will be charged to the prisoner.
19.4
Configuration of Computers
19.4.1 Laptop computers made available to prisoners shall be configured in a manner as
determined by the Security Services Directorate. Computer configurations will be
updated periodically to allow for changes in technology.
19.4.2 All computers will be configured in such as way as to limit functionality and restrict
access to unauthorised hardware/software.
19.4.3 As a guide the following functionality will be restricted or disabled on all
departmentally issued computers:

Installation/deletion of software;
Policy Directive 42 – Procedures
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
USB functionality;

Network and internet access;

System administration and configuration tools;

External and drop-in hard drives;

Infra-red, thumb drives, radio computer peripherals, wireless communication
devices and software, or similar devices;

Microphones;

Zip drives; and

Any other device/ functionality that has the capability to copy software, play
DVD ROM disks or to burn/write to DVD/ROM disks including MP3s.
19.4.4 The list detailed in Section 19.4.3 is not exhaustive. The Security Services
Directorate may alter the hardware/software configuration and restrictions at any
time.
19.5
Restrictions
19.5.1 Prisoners are not permitted to retain in their possession any software diskettes,
CD-ROMS, CD-R or CD-RW unless specifically approved by the Director Security
Services in accordance with Section 24.6.
19.5.2 Prisoners are not permitted to subscribe to computer magazines, per Section 25.
19.5.3 Prisoners are not permitted to copy, loan, or swap computer software and
peripheral equipment.
19.5.4 Prisoners are not permitted to encrypt or password protect any data.
19.5.5 Prisoners are not permitted to transfer data on CDs, CD-R or CD-RW between the
prison and the community without the authorisation of the Director of Security
Services.
19.5.6 Computers and peripheral equipment are not to be considered portable items and
will remain in the cell allocated.
19.5.7 Any computer hardware or software purchased privately by a third party sent into
the prison is not permitted. Likewise, a prisoner may not bring a personally owned
computer hardware or software into a prison.
19.5.8 Any prisoner transferred from interstate will not be permitted to bring a computer
into the prison, regardless of its authorisation in another jurisdiction.
19.5.9 Any computer or external device not issued by the Director of Security Services is
not permitted in a prisoner’s possession.
19.6
Loss of privileges
A prisoner may be subject to a disciplinary charge and/or lose access to the computer in
their cell if in the opinion of the designated Superintendent:

The computer activity constitutes a direct threat to, or a breach of, the
security of the prison;

The computer equipment is being misused, corrupted or used for an
illegitimate purpose;
Policy Directive 42 – Procedures
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19.7

The prisoner misuses, corrupts, or uses without approval, any other computer
equipment in the prison;

The prisoner breaches copyright by having unapproved or pirated software
present on the computer’s hard disk;

The computer equipment is used for acts of forgery or fraud;

The computer equipment contains or is used in the production and/or
circulation of illegal or prohibited material (eg. of a sexist, racist, pornographic
nature);

There is inappropriate use of the computer hardware or software;

The computer operating system, file or application has its access protected
by a password;

There is tampering, alteration or removal of security seals;

Its use or possession has not been approved or granted; or

Any other matter arises that in the opinion of the Director Security Services
constitutes a breach of the agreement.
Security Checks
19.7.1 The data content of departmentally owned computers and software shall be
subject to examination by the Security Services Directorate at any time without
notice to ensure that the computer is being used for legitimate and lawful
purposes. This includes accessing internal parts of the computer, and examining
all files and folders (including legal documents) in any part of the computer.
19.7.2 The Security Manager shall remove the computer where it is suspected that
contraband may exist inside the unit and immediately forward the unit to the
Security Services Directorate for an internal search, a software/hardware analysis
and a reseal prior to returning the computer to the prisoner.
19.7.3 Any associated charges for audit and repair costs due to illegal tampering or
secreted contraband will be borne by the prisoner.
19.8
Compliance access to computer equipment
19.8.1 Where a computer is taken out of a prisoner's accommodation area for auditing
purposes it will be returned as soon as practicable following completion of
checking.
19.8.2 Unless approval has been granted by the Security Services Directorate, no
computer operating system, file or application may have its access protected by
password. Where a prisoner so protects a file without approval, the use of a
departmentally issued computer will be withdrawn.
19.9
Security seals and serial numbers
19.9.1 Security seals will be placed on all computer equipment to prevent unauthorised
opening of these items and for identification purposes. The numbers are to be
recorded on the ‘Offender Property Sheet – 220’ Report.
19.9.2 Any computer equipment that has damaged security seals will be immediately
confiscated, and a search conducted by the Security Services Directorate. The
cost for the search to be undertaken by the Department’s infrastructure partner
shall be borne by the prisoner.
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19.10
Process for obtaining a departmentally issued laptop computer:
Start
Prisoner has Current
Charges / Appeal
No
Not Eligible
Yes
Not Eligible
Yes
Not Eligible
Yes
Prisoner can acces legal
library to fulfil needs
No
Prisoner can fulfil legal
needs at Education
Centre
No
Not eligible
No
Application supported by
Unit Manager
Yes
Not eligible
No
Application supported by
Superintendent
Yes
Not eligible
No
Application Supported by
DSS
Yes
Not eligible
No
Prisoner Advised
Application Approved By
ACCO
Application forwarded to
Security Services to be
Facilitated
20.
Game stations
20.1
Microsoft Xbox 360, 1st Generation (Arcade) and 2nd Generation (gloss black) in
4GB and 250GB are approved for use as a gaming console within prisons.
20.2
Additional functionality such as the storage of music is not supported by the
Department.
20.3
The KINECT peripheral is not suitable for use within prisons and is not to be issued
to prisoners. In the event that an Xbox 360 2nd Generation is purchased with the
KINECT peripheral, the peripheral is to be stored in property or signed out.
20.4
Prisoners who have a game station in possession shall be restricted to being in
possession of a maximum of two (2) game controllers.
20.5
Existing Nintendo Game Cubes and Playstations are permitted until the prisoner is
released or the item malfunctions, at such time the item is to be placed in the
Property Store and is not to be reissued.
20.6
Security seals on the item (and over USB ports where present) are to be attached
prior to issue in accordance with Section 23 and Appendix 4 – Application of
security seals. Any prisoner found to have tampered with security seals is to have
the item(s) removed from possession and placed in storage for the remainder of
their period of imprisonment.
21.
Excessive noise
The volume of radios, televisions etc, must be kept to a minimal level at all times. Failure to
comply with this may result in a loss of privilege.
Policy Directive 42 – Procedures
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22.
Security checks - Electrical items
22.1
Subject to Section 22.2, all electrical items will be opened and searched before
they are issued into a prisoner's possession. The cost for this will be borne by the
prisoner.
22.2
Only items that have been purchased from the canteen or have unbroken security
seals will be exempt from this requirement.
22.3
Microphones will be removed (at the prisoner's expense) from all stereo systems.
23.
Security seals
23.1
All prisoners' electrical items will be recorded on TOMS. Any electrical item that
cannot be identified with a Serial Number or a Security Seal Number will not be
issued.
23.2
Security seals will be placed on all electrical items to prevent unauthorised opening
of these items and for identification purposes. The number/s are to be recorded on
the ‘Offender Property Sheet – 220’ Report.
23.3
Security seals are to be applied to all USB ports on televisions, DVD players, set
top boxes and game consoles prior to these items being issued to prisoners as ‘in
possession’. The application of security seals is detailed in Appendix 4 –
Application of security seals.
23.4
Any electrical item that has damaged security seals will be returned to Reception
and will not be reissued until it has been searched and new security seals
attached. The cost for the search shall be borne by the prisoner.
23.5
Any electrical item that has had the Serial Number deliberately removed or
defaced will be returned to Reception. The item may be removed for the remainder
of the prisoner’s period of imprisonment and may not be reissued without the
approval of the Designated Superintendent.
24.
Audio tapes, video tapes, computer games and compact discs
24.1
Blank audio tapes and music compact discs (CDs) (other than those specified in
Section 24.6) are considered to be consumable items and do not need to be
recorded on TOMS. Prisoners are permitted up to ten (10) music CDs or audio
tapes in their possession at any one time.
24.2
DVDs and computer games are not considered as consumable items and as such
are required to be processed through Reception and entered on TOMS. Prisoners
are permitted up to ten (10) DVDs or computer games in their possession at any
one time.
24.3
Videotapes are not considered to be consumable items and as such are required
to be processed through Reception and entered on TOMS. Videotapes are to be
inscribed with the prisoner’s identification number prior to issue. Prisoners are
permitted up to five (5) videotapes in their possession at any one time.
24.4
Exchanging of items listed in Sections 24.1, 24.2 or 24.3 with others stored in
Reception will be permitted in line with Standing/Local Orders.
24.5
All evidentiary videotapes/DVDs/materials (eg police interviews, crime scene
videos) are only to be accessed as legally required, under strict controls.
Policy Directive 42 – Procedures
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Superintendents are required to nominate a suitable location and provide the
means to view the VCR tapes/materials when required.
24.6
CD-R, CD-RW and other similar discs are not permitted, other than where the
prisoner has been permitted the use of a Departmental laptop in accordance with
Section 19. In such cases the prisoner will be permitted one (1) CD-R or CD-RW
on which to store his/her personal documents and files. If a second disc is
required, the prisoner must apply to the ACCO. CD-Rs or CD-RWs in possession
will constitute part of the ten (10) tapes/discs in possession as specified in Section
24.1 above. CD-Rs or CD-RWs shall be recorded on TOMS and are not
considered consumable items.
24.7
Possession of restricted materials including magazines and pornographic videos is
prohibited in accordance with Adult Custodial Rule 11 - Permitted and Prohibited
Material.
25.
Cassette, record, CD, video, book and magazine clubs
Prisoners are not permitted to subscribe to cassette, record, CD, video or book clubs or
any similar clubs. Prisoners are not permitted to subscribe to any computer magazine
clubs.
26.
Other electrical items
26.1
The Designated Superintendent may, on advice from the Director Health Services,
supply items of property not normally issued to a prisoner who requires the item
due to a medical condition.
26.2
The item is to be purchased by the prison, and will remain in the prisoner's
possession for the period the item is medically required.
26.3
The item will then be returned to the medical area for storage and subsequent
issue to another prisoner where deemed appropriate.
26.4
Items in accordance with this section are not deemed to form part of the prisoner’s
electrical item allocation as specified in Section 17.1 and Section 17.2.
27.
Jewellery
The maximum amount of jewellery items allowed in possession is limited to:

Wedding ring, engagement ring and eternity ring. The rings may have
coloured stones, be engraved and/or patterned. Wedding rings, engagement
rings and eternity rings may exceed the $200 value limit restrictions in
Section 10 at the discretion of the superintendent.

Two (2) additional plain rings (no raised/dangerous protrusions) may be
issued. Rings unable to be removed from a prisoner's finger may be retained
in possession and are to be considered part of the allowable issue.

Two (2) pairs of conservative style earrings worn only in the ears.

Personal religious necklace or chain with a religious pendant or one supplied by
the Chaplain (in line with Policy Directive 7 - Religious and Spiritual Activities).

One (1) plain necklace with pendant.

Medic Alert bracelet.

One bracelet.
Policy Directive 42 – Procedures
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28.
Body piercing
28.1
Reception areas shall hold a kit for the removal of body piercing jewellery by
prisoners. The kit shall contain retainers and the necessary equipment required for
the removal of jewellery. Each prison will also provide suitable facilities including
privacy and hand basin for washing hands.
28.2
Prisoners themselves shall remove all exposed body piercing jewellery (inc. facial
jewellery) except that permitted under Section 27. Prisoners will be offered plastic
retainers to replace jewellery.
28.3
All other body piercing jewellery that is normally covered by clothing may remain,
except where the nature of the piercing or the style of jewellery, in the
superintendent’s opinion, constitutes a security or health risk to the prison, prisoner
or others.
28.4
Additional plastic retainers will be available through the prison canteen.
28.5
Prison staff should not forcibly remove body piercing jewellery.
28.6
Health Services and nursing staff shall only attend to matters where a piercing
poses a health problem to the prisoner or the removal is required to administer first
aid.
28.7
All jewellery removed or retained is to be recorded on the prisoner’s property list on
TOMS accordingly.
28.8
The estimated value of the jewellery retained or stored is not to exceed the $200
value limit restrictions in Section 10.
28.9
The superintendent shall include in a Standing/Local Order the action to be taken
when a prisoner refuses to remove body piercing. Options include charges under s
69 (a) or 69(i) of the Prisons Act 1981 or a regression of supervision under Policy
Directive 3 – Hierarchy of Prisoner Management Regimes to restrict a prisoner’s
movement and involvement in activities to those which pose little risk to the prison,
themselves or others.
29.
Legal and other paper materials
29.1
While prisoners may hold in their cells legal materials, legal reference materials,
books and other paper materials including religious material, books, periodicals
and correspondence, there may be some occasions when alternative storage
arrangements will be required.
29.2
For reasons of fire safety, sanitation, security and housekeeping, any paper
material to be held in storage should be limited.
30.
Guitars and other musical instruments
30.1
Prisoners may have musical instruments in their possession subject to security
considerations and providing it does not inconvenience unit staff/prisoners (eg with
excessive noise - see Section 21).
30.2
Prisoners may have one (1) musical item in possession. Electrical musical
instruments of any kind, or drums, are not permitted.
31.
Toiletries and cosmetics
Policy Directive 42 – Procedures
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31.1
A reasonable amount of toiletries and cosmetics brought in with the prisoner on
initial reception may be issued, subject to security considerations and subject to
Section 31.2 below.
31.2
Aerosol items (such as deodorants and body sprays) are not permitted to be
issued ‘in possession’ under any circumstances.
31.3
Toiletries, cosmetics and perfumes may be purchased from an authorised source,
subject to Section 31.2 above.
31.4
Toiletries, cosmetics and perfumes may not be brought in from any other source
except as stated in Sections 31.1 and 31.3 above.
Property received at the Gate or via mail
32.
Property received at the gate or via mail
32.1
Subject to the approval of an Officer nominated by the superintendent, the
following items may be delivered by mail or by hand to a prison for delivery to
prisoners:

Clothing for court, Absence Permit attendance (funerals etc) and discharge
may be received for prisoners with the prior approval of Reception staff or
another Officer nominated by the superintendent

Undergarments (including bras, for female prisoners)

Photographs (excluding Polaroids)

Prescription glasses/hearing aids/false teeth

Wedding, engagement and eternity ring (only)

Legal documents and material relating to a court case

Religious articles (in accordance with Policy Directive 7 - Religious and
Spiritual Activities)

Foreign language reading materials appropriate to non-English speaking
prisoners from Consulates only

Electrical items in accordance with Section 17

Babies and children's items in accordance with Policy Directive 10 - Prisoner
Mothers/Primary Carers and their Children (these items are not required to
be inventoried on TOMS).
32.2
Visitors delivering items in accordance with the above are to be provided with an
original receipt for all items of property delivered to the front gate for prisoners
(Visitors Receipt - Property Received from a Visitor Form). A duplicate copy is to
be given to the prisoner. The triplicate copy is to be attached to the property for
checking in Reception.
32.3
All items delivered to the prison for a prisoner shall be opened, searched and
documented on TOMS before they are issued into a prisoner's possession in
accordance with Prisons Regulation 36A.
32.4
Unauthorised items received by mail will be returned to the sender in the first
instance, redirected to the prisoner's next of kin, signed out to a visitor as soon as
practicable or kept with the prisoner's stored property until it can be disposed of
Policy Directive 42 – Procedures
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either by the prisoner or by the superintendent. Prisoners will be notified in such
cases. The only exception to this will be suitable family photographs and written
correspondence.
33.
Electrical items delivered for prisoners
33.1
All prisoners may have a maximum of three (3) electrical items delivered at any
time up until 14 days after their initial sentencing (subject to Section 33.2 below).
These items may be selected from the items listed in Section 17.2, and must
comply with size and specification restrictions.
33.2
Where televisions are supplied by a prison, prisoners are permitted to have two (2)
items delivered in accordance with Section 33.1 above (not including a television).
If the prisoner is transferred to a prison which does not supply televisions, the
prisoner may have a television (only) delivered within 14 days of arrival at that
prison.
33.3
All electrical items will be opened and searched before they are issued into
possession. The cost for this will be borne by the prisoner.
33.4
Electrical items other than those listed in Section 17.2 are to be purchased through
the canteen.
Canteen purchases
34.
Items purchased through canteen or recreation
34.1
Items of a non-consumable nature purchased whilst in prison and issued by the
canteen or Recreation Officers shall be recorded on TOMS. The prisoner is to sign
an updated ‘Offender Property Sheet – 220’ Report when non-consumable items
are purchased from the canteen.
34.2
It is the responsibility of the prisoner to ensure their ‘Offender Property Sheet –
220’ Report and ‘in possession’ record remains accurate and current.
Clothing, bedding and footwear
35.
Private clothing
35.1
Clothing shall be laundered prior to being stored unless determined otherwise by
the superintendent in exceptional circumstances (ie. specific dry cleaning
requirements, delicateness of the garment, or religious garments with specific
cleaning requirements).
35.2
Prisoners are permitted to have their personal underwear in possession.
Specifically, female prisoners are permitted to retain their own bras in possession.
See also Section 32.1.
35.3
The laundering of personal underwear will be the prisoner's responsibility. One set
of underwear must remain with the prisoner's civilian clothing that is stored in the
Property Store.
35.4
Prisoners with outstanding court appearances will have civilian clothing stored in a
clothing bag.
Policy Directive 42 – Procedures
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35.5
Prisoners with no further court appearances must retain one set of civilian clothing
in their Property Store.
35.6
Clothing in excess of one set of clothing is to be signed out within 14 days of their
final court appearance.
35.7
Under no circumstances are prisoners permitted to be in possession of personal
clothing or clothing other than prison clothing, other than that specified in Section
35.2 above.
36.
Private footwear
36.1
Prisoners are not permitted to retain private footwear in possession other than
footwear purchased from the canteen. The only exception will be orthopaedic or
medically approved shoes and these will only be issued with supporting advice
from the Director Health Services.
36.2
A minimum of one pair of shoes must be retained in a prisoner's stored property for
discharge or court attendance.
36.3
Joggers and sports type footwear may be purchased from the range available in
the Canteen.
37.
Doonas
Prisoners may only have doonas in possession which are purchased from the canteen.
Only one single bed doona is to be purchased and allowed in possession at any one time.
Transfers in and out of prison
38.
Transfer (outgoing)
38.1
The amount/type of property that will be transferred with a prisoner to another
prison shall be in accordance with restrictions specified in Policy Directive 82 –
Prisoner Movements - Procedures.
38.2
Restrictions (by quantity/weight) vary according to the mode of transport (ie. air,
road). Any property that is not transferred with the prisoner at the time of the
transfer due to being in excess of the restrictions in Policy Directive 82 – Prisoner
Movements - Procedures shall be moved at the sending prison’s expense, subject
to Section 38.3
38.3
Some items are prohibited from transfer by airline carriers. Any property that is not
transferred with the prisoner at the time of the transfer due to being unusually large
or deemed as dangerous goods (see Policy Directive 82, Appendix 8, Dangerous
Goods – Skippers Aviation) shall be moved at the prisoner’s expense. Refer Policy
Directive 82 – Prisoner Movements - Procedures for further information.
38.4
As far as practicable, and subject to restrictions imposed by Policy Directive 82 –
Prisoner Movements - Procedures and the above subsections of these procedures,
when a prisoner is transferred to another prison all of the prisoner's property is to
accompany the prisoner.
38.5
Reception staff will print out a ‘stored’ property list and check that it matches the
property stored at the facility. An ‘in possession’ list will also be printed out to
check against the cell property brought to Reception by the prisoner. Once the
property has been checked it may then be packed for transfer.
Policy Directive 42 – Procedures
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Policy Directive 42 – Procedures
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38.6
The condition of all property being transferred is to be checked against the
condition recorded on TOMS and is to be amended if the condition of the item has
changed since it was previously recorded.
38.7
An ‘Offender Property Sheet – 220’ Report is to be printed out, prior to the transfer.
The prisoner is to sign the ‘Offender Property Sheet – 220’ Report. This signed
report will then accompany the property to the receiving prison. The signed report
is then to be filed on the prisoner’s Management File.
38.8
If there are any discrepancies between the items present for transfer and the
records on TOMS then the following will apply:
38.8.1 Unlisted property (other than consumable items) will be set aside and recorded as
‘Unassigned Property’ on TOMS. It will remain at the prison until ownership of the
property can be verified. If it remains unclaimed, because ownership cannot be
ascertained, then it will be dealt with under Prisons Regulation 37.
38.8.2 Any item of property listed ‘in possession’ that is not brought to Reception by the
prisoner is to have its status changed on TOMS. The prisoner is to be asked the
current whereabouts of the property and this will determine the status that will need
to be recorded on TOMS.
38.9
Before being transported all private property must be packed and labelled in
accordance with Policy Directive 82 – Prisoner Movements - Procedures. Property
too bulky to be boxed which is permitted for transfer in accordance with Policy
Directive 82 – Prisoner Movements - Procedures can be tagged with a card
attached to the item. The card is to specify prisoner's name, file number and
destination. Boxes and bags are to be sealed prior to transfer.
38.10
Prior to the prisoner departing the prison, a Transport Property Receipt Sticker is to
be placed on the ‘Offender Property Sheet – 220’ Report, stating the prisoner’s
name, number of boxes/bags containing the prisoner’s property, and other property
(eg. television, fan etc) not contained within boxes/bags. The sticker shall also
state the number of Prisoner Management Files including medical/unit/warrant
files. Property must be listed as ‘in transit’ on TOMS by the sending prison.
38.11
The transporting officer shall confirm the details as correct by signing their name in
the Transport Officer Receiving section on the sticker. Once the sticker is signed
by both the Reception Officer and transporting officer, the ‘Offender Property Sheet
– 220’ Report with the signed sticker shall be photocopied – the original is to
remain with the outgoing property and the copy is to remain at the sending prison.
38.12
Property must be listed as ‘in transit’ on TOMS by the sending prison.
39.
Transfer (incoming)
39.1
As soon as is practicable following a prisoner's arrival or transfer from another
prison, an inventory of the prisoner’s property against the accompanying TOMS
Offender Property Sheet – 220’ Report shall be completed. This shall be done in
the presence of the prisoner where possible.
39.2
Any discrepancies of items (other than consumable items) are to be investigated
by the receiving prison in consultation with the sending prison.
39.3
In the event that a property container (box or bag) is identified as having been
tampered with, or is not sealed upon arrival at the receiving prison, the inventory
must be undertaken in the prisoner’s presence immediately.
Policy Directive 42 – Procedures
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39.4
If the number of prisoners being transferred into the prison prevents the inventory
from being conducted immediately (see Section 39.3 above), in the presence of
the prisoner the tampered/unsealed bag must be immediately placed into a
separate sealed bag and retained for inventory as soon as possible.
39.5
Damaged property is to be noted and brought to the attention of the prisoner who
is to be advised of claim procedures.
39.6
As soon as is practicable, following a prisoner's arrival to the receiving prison,
prisoners are entitled to obtain possession of in-cell property.
40.
Temporary transfers and temporary placements (TPLs)
40.1
When a prisoner is temporarily transferred to another prison, for whatever reason,
the prisoner's property must be secured, where possible, by locking the prisoner's
cell.
40.2
If re-allocation of the cell is required during a longer absence, then the prisoner's
property must be placed in the Property Store and the status of such items is to be
changed on TOMS to ‘in storage’. Upon return of the prisoner, any property placed
in the Property Store from the prisoner’s cell will be returned to the prisoner and
the status reverted on TOMS to ‘in possession’.
40.3
If the prisoner is in a shared cell, the property should be boxed, sealed and taken
to the Property Store for safe storage. If another prisoner(s) shares the same cell,
the other prisoner(s) should be present during the removal of property in order to
identify and safeguard his or her own property. Officers should be cautious of false
claims of ownership.
40.4
If Section 40.3 applies, two (2) Officers should, where practicable, secure all
property in the cell and make a record of all property removed from the prisoner’s
cell as soon as practicable following the transfer. They are to use a TOMS ‘Cell
Clearance Form’ and a TOMS ‘Items Removed by Staff’ form. The ‘Items
Removed by Staff’ form is used to manually record items not listed on the ‘Cell
Clearance Form’ and not listed as in possession of the prisoner who remains in the
cell.
40.5
Property being transferred with the prisoner is to have the status changed on
TOMS to ‘in transit’.
40.6
Whenever any prisoner is required to leave the prison on a temporary placement
(such as for a court appearance, hospital appointment etc), the prisoner's property
must be secured, where possible, by locking the prisoner's cell.
41.
Urgent transfers
41.1
Where a prisoner is subject to an urgent transfer for purposes such as medical
treatment, disciplinary action or as a security precaution, the responsibility for the
prisoner's property then rests with prison staff to ensure effective safeguards are
enforced to protect that property if it is not transferred at the time of the prisoner
transfer.
41.2
Two Officers should, where practicable, secure all property in the cell and make a
record of all property found in the prisoner's cell at the earliest opportunity following
the prisoner’s removal from the cell (in the presence of the prisoner if possible).
The Officers are to use a TOMS ‘Cell Clearance Form’ and a TOMS ‘Items
Policy Directive 42 – Procedures
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Removed by Staff’ form (for manually recording items not listed on the ‘Cell
Clearance Form’.
41.3
When the presence of the prisoner is impractical due to time constraints, security
or safety measures, the Officers conducting the cell clearance (in line with Section
41.2 above) shall ensure that all property is returned to Reception as soon as
practicable. Both Officers are to sign the TOMS ‘Cell Clearance Form’ and the
TOMS ‘Items Removed by Staff’ form.
41.4
If another prisoner(s) shares the same cell, the other prisoner(s) should be present
during the removal of property in order to identify and safeguard his or her own
property. Officers should be cautious of false claims of ownership.
41.5
The Reception Officer shall check the TOMS ‘Cell Clearance Form’ and the TOMS
‘Items Removed by Staff’ form for accuracy, then pack such property and place it
in the Property Store. The status of the items is to be changed on TOMS to ‘in
Property Store’.
41.6
Any item of property that is listed on the prisoner's ‘Items Removed by Staff’ form
is to be labelled and stored as contraband. The items listed are to be entered in the
‘Unassigned Property’ register on TOMS.
41.7
Property shall be held pending the prisoner's return or further instructions.
42.
Interstate or international transfers from Western Australia
42.1
Prisoners transferring to prisons outside of Western Australia (in accordance with
the Transfer of Prisoners Act 1983 (Cth), Prisoners (Interstate Transfers) Act 1983,
the International Transfer of Prisoners Act 1997 (Cth) or the Cross-border Justice
Act 2008) shall be permitted to take hand luggage only.
42.2
Any excess property is to be signed out or destroyed in accordance with Prisons
Regulations 1982, r 36D. In exceptional circumstances, excess property may be
transferred to the receiving prison (if agreed with the receiving prison in advance).
All costs relating to the agreed transfer of property are to be at the expense of the
prisoner being transferred.
Property transactions – Transfer and sale
43.
Signing out property to a visitor
43.1
Prisoners wishing to sign out property to a visitor are to arrange with their Unit
Officer to bring the property to Reception at least one day prior to the visit.
43.2
The Reception Officer will change the status of the item on TOMS to ‘signed out’
and enter the name of the visitor receiving the item.
43.3
A TOMS receipt will be printed out for the prisoner to sign, authorising the property
to be signed out, and the visitor to sign when they pick up the property. This will be
retained in the prisoner's property file.
43.4
When prisoner's property is sent out by mail, courier or any other similar method,
the delivery process must include obtaining the signature of the recipient for the
item/s. The signature must be obtained by the organisation delivering the item/s.
The cost of the delivery is to be borne by the prisoner.
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44.
Loan of property - Prisoner to prisoner
Prisoners will not loan or be permitted to loan personal items to other prisoners or staff
without the written authority of the superintendent. Any unauthorised items found in
possession of a prisoner will be confiscated and may result in the prisoner being subject to
disciplinary action.
45.
Transfer of electrical items - Prisoner to prisoner
Transfer of property between prisoners is not permitted.
46.
Sale of electrical Items - Prisoner to prisoner
The sale of property between prisoners is not permitted.
Unclaimed/contraband property, and discharge, death, or escape of a
prisoner
47.
Unclaimed property
47.1
Where the owner of unclaimed property can be identified, and the prisoner has
been discharged, then a letter (Unclaimed Property Notification in TOMS) is to be
sent to the prisoner's last recorded address indicating that the property will be
disposed of in accordance with Prisons Regulations 1982, r 37 if the person fails to
collect the property within three (3) months.
47.2
All uncollected, abandoned or unclaimed items of property will be sent to the
Reception Officer who will store them for a period of three (3) months. The items
will then be dealt with under the provisions Prisons Regulations 1982, r 37.
47.3
All property disposed of under Prisons Regulations 1982, r 37 is to have its status
changed on TOMS to reflect its disposal or destruction.
48.
Contraband and unlawful property
48.1
Any items found in a prisoner's possession that is not listed on their ‘Offender
Property Sheet – 220’ Report, other than consumable items not recorded, may be
considered contraband and be confiscated.
48.2
Any property items which has distorted or altered markings or that have been
substantially (either internally or externally) modified from the manufacturer's
original configurations are to be considered contraband.
48.3
Property found, as per Section 48.1 above, where the owner can not be identified,
will be entered as ’found’ property on the TOMS ‘Unassigned Property’ register
and stored in the appropriate location subject to Section 48.2 above.
48.4
All confiscated items will be delivered to Reception staff who will store them for a
period of three (3) months. The items will then be destroyed or disposed of as
required under Prisons Regulations 1982, r 37.
48.5
All property disposed under Prisons Regulations 1982, r 37 is to have its status
changed on TOMS to reflect its disposal or destruction.
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49.
Property inventory in the prisoner's absence
49.1
A ‘Cell Clearance’ form and an ‘Items Removed from Cell’ form are to be printed
from TOMS to document the inventory.
49.2
The property shall be checked against the ‘Cell Clearance’ list and any items not
listed are to be recorded manually on the ‘Items Removed from Cell’ form.
49.3
The property is to be taken to Reception. Care should be taken to ensure that
prisoner property is not damaged or destroyed.
49.4
The Officer conducting the inventory shall sign and date the inventory forms in the
presence of a second Officer. The forms are to be kept with the property.
49.5
The Reception Officer shall check the TOMS ‘Cell Clearance’ form and the TOMS
‘Items Removed By Staff’ form for accuracy, then pack such property and place it
in the property room.
49.6
Any item of property that is listed on the prisoner's ‘Items Removed by Staff’ form
is to be labelled and any items deemed to be contraband are to be entered as
‘found’ in the ‘Unassigned Property’ register on TOMS and stored in the
appropriate location.
49.7
Authorised property may be re-issued in accordance with these instructions.
50.
Death of a prisoner
(refer to Policy Directive 30 - Death of a Prisoner)
50.1
The cell of a deceased prisoner is to be secured and access shall only be granted
for urgent/critical reasons upon the authority of the Designated Superintendent.
50.2
On arrival of the Police, control over access to the cell should be handed over to
the Police who shall authorise any subsequent access until the cell is handed back
to the Designated Superintendent.
50.3
The Designated Superintendent may, at the conclusion of the investigation and
with the permission of the Police and the coroner, authorise the cell to be cleared
of all property belonging to the prisoner.
50.4
Two (2) Officers should, where practicable, secure all property in the cell and make
a record of all property found in the prisoner's cell as soon as practicable but in
accordance with Section 50.3 above. They are to use a TOMS ‘Cell Clearance
Form’ and a TOMS ‘Items Removed by Staff’ form. The ‘Items Removed by Staff’
form is used to manually record items not listed on the ‘Cell Clearance Form’.
50.5
The property is to be taken to Reception. Care should be taken to ensure that
prisoner property is not damaged or destroyed.
50.6
The Officers conducting the inventory shall both sign and date the ‘Cell Clearance’
and the ‘Items Removed from Cell’ form. These forms are to be kept with the
property and a copy provided to the investigating police officer.
50.7
The Reception Officer shall check the TOMS ‘Cell Clearance’ form and the TOMS
‘Items Removed By Staff’ form for accuracy, then pack such property and place it
in the property room.
50.8
Any item of property that is listed on the prisoner's ‘Items Removed by Staff’ form
is to be labelled and any items deemed to be contraband are to be entered as
Policy Directive 42 – Procedures
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‘found’ on the ‘Unassigned Property’ register on TOMS and stored in the
appropriate location.
50.9
The deceased’s next of kin is to be advised that the property of the deceased held
at the prison or by the contractor requires the approval of the Coroner and
investigating Police before release. Subject to such approval, the next of kin can
collect the property or, alternatively the property can be returned to the next of kin
at the Department’s expense by arrangement (refer also Policy Directive 30 Death of a Prisoner).
50.10
If property is not claimed in accordance with the previous sections following the
death of a prisoner, a letter (Unclaimed Property Notification) is to be sent to the
prisoner's next of kin indicating that the property will be disposed of in accordance
with Prisons Regulations 1982, r 37 if the person fails to collect the property within
three (3) months.
50.11
All uncollected property will be stored by the Reception Officer for a period of three
(3) months. The items will then be dealt with under the provisions Prisons
Regulations 1982, r 37.
50.12
All property disposed of under Prisons Regulations 1982, r 37 is to have its status
changed on TOMS to reflect its disposal or destruction.
51.
Escapes
51.1
On the instructions of the Unit Manager, two (2) Officers shall ensure that all of an
escaped prisoner's property is returned to Reception in accordance with this
Section.
51.2
Two (2) Officers should, where practicable, secure all property in the cell and make
a record of all property found in the prisoner's cell as soon as practicable following
the incident. They are to use a TOMS ‘Cell Clearance Form’ and a TOMS ‘Items
Removed by Staff’ form. The ‘Items Removed by Staff’ form is used to manually
record items not listed on the ‘Cell Clearance Form’.
51.3
The TOMS ‘Cell Clearance Form’ and a TOMS ‘Items Removed by Staff’ form are
to be completed and signed by both Officers. One copy of the forms are to be
retained in Reception and one copy sent to the superintendent.
51.4
Unit Officers are responsible for ensuring that all of the prisoner's property is
returned to Reception as soon as possible.
51.5
The Reception Officer shall check the TOMS ‘Cell Clearance Form’ and the TOMS
‘Items Removed by Staff’ form for accuracy, then pack such property and place it
in the property room.
51.6
Any item of property that is listed on the prisoner's ‘Items Removed by Staff’ form
is to be labelled and any items deemed to be contraband are to be entered as
’found’ property on the TOMS ‘Unassigned Property’ register and stored in the
appropriate location.
51.7
Property shall be held pending the prisoner's return or further instructions issued
by the designated Superintendent.
51.8
If another prisoner shared the escaped prisoner's cell, the other prisoner should, if
possible, be present during the removal of the escapees' property in order to
identify and safeguard their own property. Officers should be cautious of false
claims of ownership.
Policy Directive 42 – Procedures
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51.9
Any property shown on the ‘Offender Property Sheet – 220’ Report or the
prisoner's in possession Prisoner Property Sheet that cannot be located should be
listed and retained for future reference.
51.10
Under extraordinary circumstances it may not be possible to immediately remove
property from the cell of an escaped prisoner. On such occasions action is to be
taken as soon as is practicable to fully secure the escaped prisoner's room until
such time as the procedure can be implemented.
52.
Recaptured prisoner
52.1
Upon receiving a request to forward the property of an escaped prisoner after
recapture, the Reception Officer shall satisfy themselves that all property is listed
on the ‘Offender Property Sheet – 220’ Report which should then be dated and
signed. All property including valuable property shall be forwarded to the
appropriate prison.
52.2
If at any time any anomaly exists or property is missing, the Superintendent is to
be informed and a report submitted.
53.
Discharge procedures
53.1
The property of the prisoner shall be made available to that prisoner on his/her
release or as soon as practicable thereafter.
53.2
Reception staff will print out an Offender Property Sheet – 220’ Report and check
that it matches the property stored at the facility. A ‘Cell Clearance’ form will also
be printed out to check against the cell property brought to Reception by the
prisoner. Once the property has been checked it may then be packed for
discharge.
53.3
The stored property will then have its status changed on TOMS to ‘In Possession’,
an Offender Property Sheet – 220’ Report will then be printed and signed by the
prisoner accepting possession of the property.
53.4
If there are any discrepancies then the following will apply:
53.4.1 Unlisted property (other than consumable items) will be set aside and recorded as
Unassigned Property on TOMS. It will remain at the prison until ownership of the
property can be verified. If it remains unclaimed, because ownership cannot be
ascertained, then it will be dealt with under Prisons Regulation 37.
53.4.2 Any item of property listed ‘in possession’ that is not brought to Reception by the
prisoner is to have its status changed on TOMS. The prisoner is to be asked the
current whereabouts of the property and this will determine the status that will need
to be recorded on TOMS.
53.5
An ‘Offender Property Sheet – 220’ Report is to be printed out, prior to the
discharge. The prisoner is to sign the ‘Offender Property Sheet – 220’ Report. This
will then be included in the prisoner's property file.
Policy Directive 42 – Procedures
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Lost or damaged property
54.
Lost or damaged property
54.1
In the event that property is lost or damaged by prison staff during normal
operations, compensation to the prisoner can be made from existing operating
budgets.
54.2
Compensation for lost or damaged items will be limited to the monetary value of
the item. Compensation for lost or damaged artwork will be limited to the materials
value.
54.3
Compensation for lost or damaged consumable items will not be provided.
54.4
Prisons will only be legally liable to compensate for loss in those circumstances
where they have failed to take reasonable care. Generally speaking, it is not
recommended that prisons accept liability unless liability is clear. Prisons may
chose to accept responsibility for the loss or damage of an article without admitting
liability before submitting a claim for compensation.
54.5
Act of Grace Payments require Ministerial approval and are for exceptional
circumstances only and not generally used to compensate a prisoner for the loss
or damage of an item of property. Information on the legislative requirements and
procedures relating to Act of Grace Payments is provided in Act of Grace - Fact
Sheet. Applications for Act of Grace payments to prisoners are to be forwarded to
Finance and Business Services for approval.
Policy Directive 42 – Procedures
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55.
Approved
Date:
6 December 2013
Commissioner or delegated authority
per Policy Directive 42
56.
Contact person
Principal Operational Policy Officer
57.
1.
2.
3.
4.
5.
6.
Version history
Version
First published
Amended
Amended
Amended
ACCO Notice 3/2013 added to
relevant instruments
Amended, Policy and Procedures
docs separated. Revokes ACR8,
PD2 and OI8.
Policy Directive 42 – Procedures
Approved
Effective from
April/May 2003
March 2006
9 June 2009
25 October 2010
22 March 2013
6 December 2013
19 December 2013
Page 32 of 32